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GOVERNMENT SUPERVISION OF HISTORIC AND 
PREHISTORIC RUINS. 



BY 
EDGAR L. HEWETT. 



[Reprinted from Science, iV. /S'., Vol. XX., No. 517, 
Pages 722-727, November 25, 1904.'] 



y. 



Gift 

Author 
(Persop) 



[Beprinted from Science, N. S., Vol. XX., No. 
517, Pages 7^2-727, Novemher 26, 1904-'] 



GOVERNMENT SUPERVISION OP HISTORIC AND PRE- 
HISTORIC RUINS. 

The traffic in prehistoric wares from the 
southwest that has arisen during the past few 
years, with the attendant destruction of pre- 
historic remains, has become a matter of great 
concern to archeologists, who appreciate the 
gravity of this loss to anthropological science. 
Even though much of this material gathered 
by parties who are only commercially inter- 
ested in it, eventually finds its way into public 
museums, its value to science is greatly re- 
duced because of the absence of authentic 
records. Fortunately, a growing popular and 
educational interest in historic and prehis- 
toric landmarks has arisen to assist in the 
preservation of these objects. 

As a citizen of New Mexico who has 
watched with deep concern the loss of many 
of the incomparable archeological treasures of 
the southwest, I have recently taken up in a 
more serious manner than ever before an in- 
quiry into the question of how these monu- 
ments may be permanently preserved and pre- 
historic relics protected at least long enough 
to permit of their scientific investigation. 
During the past few weeks, while pursuing 
certain lines of research at the national capi- 
tal, for which the splendid resources of various 
government departments, bureaus, museums 
and libraries have been most courteously 
placed at my disposal, the opportunity has 
been given me to inform myself fully as to 
the care which the United States government 
has exercised over these ruins, is now exer- 
cising and stands ready to exercise whenever 



2 



properly informed. The manifest desire to 
be informed, and the promptness with which 
information is digested and acted upon by the 
departments having jurisdiction over such 
matters are most encouraging. 

In view of the fact that scientific bodies 
have come to take a commendable interest in 
this subject, and that various measures look- 
ing toward the protection and preservation of 
our prehistoric ruins have been and now are 
under consideration and may be brought be- 
fore the national Congress next winter, it will 
be helpful in considering such measures to 
know that a wise and vigorous policy has been 
developed in the department of the interior 
with reference thereto. This policy, if vigor- 
ously pursued, practically accomplishes the 
ends to be desired and renders legislation of 
secondary importance. The following corre- 
spondence explains itself. I give, first, ex- 
cerpts from a letter from the Honorable W. A. 
Eichards, Commisioner of the General Land 
Office, under date of October 5, 1904. 

Professor Edgar L. Hewett, 
Washington, D. C. 
Sir: I beg to acknowledge the receipt of your 
letter of September 3, 1904, transmitting a mem- 
orandum relative to the historic and prehistoric 
ruins in Arizona, New Mexico, Colorado and 
Utah, and, also, of your letter, under date of 
September 14, 1904, in relation to proposed legis- 
lation for the protection of such ruins. 
****** 

This office fully appreciates the necessity for 
protecting these ruins and the importance of 
furthering in every way possible, researches in 
connection therewith which are undertaken for 
the benefit of recognized scientific and educational 
institutions, with a view to increasing the knowl- 
edge of such objects and aiding in the general 
advancement of archeological science; and it de- 
sires to aid all such efforts to the full extent of 
its power, while, at the same time, endeavoring to 
efi'ectually protect the ruins and relics on the 



public lands from ruthless spoliation by parties 
plying a trade in such matters. 

****** 

The need for adequate legislation on this sub- 
ject has, accordingly, been called to the attention 
of congress by this department for a number of 
years, but as yet without avail. 

In the meantime, every effort has been made 
to extend such protection to the various regions 
known to contain objects of interest as is possible 
without the requested legislation. Certain of the 
tracts have been protected from appropriation by 
being temporarily withdrawn from disposal under 
the public land laws. This action has been taken 
in the following cases : 

In New Mexico: The Pajarito Cliff Dwellers' 
region, the Jemez Cliff Dwellers' region, the tract 
known as El Moro, or Inscription Rock. 

In Colorado: The Mesa Verde Cliff Dwellers' 
region. 

In Arizona: The tract containing the petrified 
forest; tlie greater portion of that part of the 
district designated by you as the Rio Verde dis- 
trict which lies outside of the Black Mesa Forest 
Reserve. This withdrawn area contains, among 
other ruins, the one known as Montezuma Castle. 
****** 

As regards the regions which you mention as 
containing ruins of known importance, which fall 
within the boundaries of tracts that have been 
permanently set apart as forest reserves, or just 
outside of the boundaries thereof, you are advised 
that they are, in consequence, under the care of 
the forest force patrolling the reserves, and that, 
instructions have, at different times, been issued 
to the forest officers in respect to having a gen- 
eral care of these ruins. Further and more 
specific instructions will now be given in regard 
to their care, based upon the information fur- 
nished by you. 

The several regions thus under the supervision 
of the forest reserve force fall within the districts 
designated by you as follows: 

In the Gila River Forest Reserve, New Mexico: 
The greater portions of both the Upper Gila Dis- 
trict and the San Francisco River District. 

In the Black Mesa Forest Reserve, Arizona: 
A portion of both the San Carlos District and 



the Rio Verde District; which latter contains 
what is known as Montezuma Well. 

In the San Francisco Mountains Forest Reserve, 
Arizona : A portion of the Flagstaff District. 

As yet, owing to the lack of sufficient available 
funds, it has not been practicable to place custo- 
dians in charge of the numerous and widely scat- 
tered ruins throughout the southwest, except in 
the case of three localities in Arizona. These 
cases are: The Casa Grande ruin; the Walnut 
€af5on ruins, lying partly within the San Fran- 
•cisco Mountains Forest Reserve; the ruins of 
Canon del Muerto, within the Navajo Indian 
Reservation. 

It is evident that immediate and effective meas- 
ures should be taken by the government to protect 
xegions containing objects of such great value to 
the ethnological history of this country and to 
other scientific studies; * * * 

I am also heartily in accord with your recom- 
mendation that, while many of the tracts con- 
taining ruins and other objects of interest need 
only to be temporarily withdrawn and protected 
until the ruins and objects thereon have been 
satisfactorily examined and utilized, yet, certain 
of the most important of these regions should be 
preserved permanently as national parks, and 
that a general law be enacted, authorizing the 
establishment of such parks, and making provi- 
sion for their proper protection and management. 
****** 

(Signed) W. A. Richards, 

Commissioner. 

The following orders were sent out by the 
commissioner of the general land office a few 
days subsequent to the above correspondence: 

DEPARTMENT OF THE INTERIOR, GENERAL LAND 
OFFICE, WASHINGTON, D. C. 

October 15, 1904. 
Mb. F. S. Breen, 

Forest Supervisor, 

Flagstaff, Arizona. 
Sir: Your special attention is called to the his- 
toric and prehistoric ruins located in the San 
Francisco Mountains and Black Mesa Forest Re- 



serves. As the ruins are almost entirely within 
said reserves, you are directed to exercise special 
care in their preservation. For your informa- 
tion in this matter I will state that there appears 
to be no special statute forbidding scientific 
research on the public lands, or requiring that 
permission shall be obtained before undertaking 
the same or removing objects of value from the 
public domain. At the same time, however, in- 
dependent of positive legislative provision in the 
matter, the United States has all the civil 
remedies, whether for the prevention or redress 
of injuries, which individuals possess. And, 
since all unauthorized excavations upon public 
lands which tend to the injury of same or of 
ruins or relics thereon, or the removal of objects 
of value or of scientific or historic interest, are 
in the nature of trespass upon the lands, all 
such intrusion upon public lands renders the 
parties to the trespasses liable to prosecution. 

It is, therefore, deemed advisable that all per- 
sons wishing to explore and make excavations of 
the ruins referred to, should secure pei-mission 
from the department. This office appreciates the 
importance of aiding in every way possible all 
examinations and gatherings of objects of inter- 
est upon the public domain, which are undertaken 
for the benefit of recognized scientific and edu- 
cational institutions, while, at the same time, 
endeavoring to effectually protect the ruins and 
dwellings on the public lands from ruthless spolia- 
tion by parties plying a trade in such matters. 

You are hereby directed to use your best eff'orts 
to carry out the wishes of the department in this 
matter, and so instruct your subordinates. 
Very respectfully, 
(Signed) W. A. Eichaeds, 

Commissioner. 

DEPARTMENT OF THE INTERIOR, GENERAL LAND 
OFFICE, WASHINGTON, D. C. 

October 19, 1904. 
Mr. Frank Grygla, 

Special Agent, G. L. 0., 
Santa Fe, New Mexico. 
Sir: Your special attention is called to the sub- 
ject of the unauthorized explorations and ex- 
cavations of the historic and prehistoric ruins 
located upon the public lands for purposes of 



(i 



traflic in the curios, relics and objects of scientific 
and historic interest taken therefrom. 

In order to prevent the further improvident 
spoliation and destruction of these ruins, and to 
restrict the explorations and excavations thereof 
to those made for the benefit of recognized scien- 
tific and educational institutions and objects, it 
is deemed advisable that all persons desiring to 
engage in such explorations shall secure per- 
mission therefor from the department before com- 
mencing their operations. 

You will take prompt and appropriate measures 
to insure observance of the department's wishes 
with respect to such of said ruins as may be upon 
public lands, including those temporarily with- 
drawn with a view to the creation of forest re- 
serves, or for other purposes, in your territory, 
and you will render all practicable assistance to 
the forest reserve and Indian officers in their 
efforts to protect the ruins upon the lands under 
their supervision from unauthorized explorations 
and excavations. 

If in any instance adequate protection to the 
public interests in connection with these ruins 
can not be obtained without recourse to legal 
proceedings, you will at once report the facts and 
the means of proving them to this office for con- 
sideration with a view to the institution of such 
proceedings. 

Very respectfully, 
(Signed) W. A. Richards, 

Commissioner. 



Identical orders were sent to all forest 
supervisors and special agents of the general 
land office in the southwest. These orders 
cover not less than three fourths of all the 
ruins of New Mexico, Arizona, Colorado and 
Utah. 

On or near all the important ruins that are 
situated on lands controlled by the General 
Land Office which have been withdrawn either 
permanently or temporarily tJie following no- 
tice, printed in conspicuous type on large 
sheet? of tough white cloth, is kept posted by 
range riders and other officers : 



WARNING : 

DEPARTMENT OF THE INTERIOR, 

GENERAL LAND OFFICE, 

Washington, D. C, May 24, 1904. 

Notice is hereby given that these lands have been 
withdrawn, for public purposes, from settlement, 
entry, and other disposal. 

All persons are prohibited, under the penalty 
of the law, in such cases provided, from committing 
thereon any trespass whatever, and from working 
in any manner whatever any injury, waste, or 
damage of any kind to these public lands and to 
the timber, natural curiosities, caves, ruins, ob- 
jects of antiquity, or any other public property 
thereon, and from removing or in any way dis- 
turbing the same. W. A. Richards, 

Commissioner of the General Land Office. 
Approved: E. A. Hitchcock, 

Secretary of the Interior. 

The following excerpts from a letter from 
Hon. A. C Tonner, acting commissioner of 
Indian affairs, set forth the policy of that 
department on the same subject: 

department of THE INTERIOR, OFFICE OF INDIAN 
AFFAIRS, WASHINGTON, D. C. 

October 22, 1904. 
Edgar L. Hewett, Esq., 
Washington, D. C. 
Bir : This office is in receipt of your communi- 
cation of the 17th instant, 

* * * * -x- » 

In reply you are advised that this office has 
been and is fully alive to the importance of pre- 
serving the various ruins and remains of antiquity 
scattered throughout the southwest-, and has here- 
tofore issued stringent orders to many of the 
Indian officials in charge of the reservations to 
which you refer — especially to those in charge of 
the Navajo, Moqui and Hualapi reservations. 
Quite recently this office, in order to prevent the 
spoliation of the prehistoric ruins in the canons of 
De Chelly and Del Muerto, recommended to the 
secretary of the interior that a custodian be ap- 
pointed to have charge of the ruins in the said 
canons, and authority was granted by the secre- 
tary therefor and the custodian is now on duty. 

In view of your present request the officials in 



8 



charge of the various Indian reservations to which 
you refer have, in letters of this day, been advised 
relative to preventing further injury to ruins and 
suppressing the traffic in prehistoric pottery which 
may be found on the reservations under their care. 
Their attention has been invited to the previous 
instructions of the office relative to this matter 
and they have been requested to use their best 
endeavors to keep out intruders and relic hunters 
and to see that such of the remains of antiquity 
as may be located within the reserves under their 
respective charges are kept intact until such 
time as proper scientific investigation of the same 
may be had. Very respectfully, 

(Signed) A. C. Tonner, 
W.M.W, — L.M. Acting Commissioner. 

Following is a copy of orders sent out from 
the office of Indian affairs October 22: 

DEPARTMENT OF THE INTERIOR, OFFICE OF INDIAN 
AFFAIRS, WASHINGTON, D. C. 

October 22, 1904. 
James B. Alexander, Esq., 

Superintendent Pima Indian School, 
Sacaton, Arizona. 
Sir: 

It has been and is the policy of this office to 
prevent all unauthorized persons from entering 
Indian reservations and despoiling historic or pre- 
historic ruins and taking therefrom any relics or 
remains of antiquity whatever. To this end your 
predecessors in office or perhaps you have hereto- 
fore been advised of the wishes of this office in 
this respect and requested to take such action 
as might be necessary to the end that proper pro- 
tection should be afforded in the premises and all 
spoliation of these valuable ruins be prevented. 
****** 

It is desired that you take this matter up and 
issue such orders or instructions and take such 
action as may be necessary to carry out the 
wishes of this office as heretofore expressed. 
Should you have Indian police under your charge, 
they should be properly cautioned and instructed. 
Further, reliable and trustworthy chiefs and 
headmen of the tribe might likewise be advised 
of the desire of this office to protect these re- 



9 



mains of antiquity from being despoiled by cui-io 
hunters, etc., and directed to aid you so far as 
possible in the matter. 

Should unauthorized persons be found on the 
reservation or reservations under your charge and 
engaged in the work of excavating or collecting 
relics, etc., they should be removed from the 
reservation and the facts in the case be reported 
to this office in full. 

Very respectfully, 

(Signed) A. C. Tonnee, 
VV.M.W.— L.M. Acting Commissioner. 

Identical orders were sent at the same time 
to superintendents of Indian schools, agents 
and additional farmers throughout New Mex- 
ico, Arizona and Colorado. These orders 
cover about one fourth of all the southwestern 
ruins. It will be seen that these various sets 
of orders from the two departments embrace 
practically all of the ruins that are not under 
private ownership. 

It definitely mobilizes, so to speak, a force 
of forest supervisors, rangers, special agents, 
Indian school superintendents and teachers, 
Indian agents, farmers and police, and even 
enlists the Indians themselves, a particularly 
sagacious step, in the protection of these ruins 
for the avowed purposes of preserving them 
for scientific investigation. It establishes the 
broad and liberal policy that any competent 
scientist, who desires to place the material 
secured in a reputable public museum, will be 
authorized by the department of the interior 
to examine ruins, but that no person will be 
permitted to enter and excavate them for the 
purpose of acquiring specimens for traffic or 
private gain, and that willful destruction of 
valuable historic and prehistoric landmarks 
must cease. 

In reply to a letter addressed to Mr. W. H. 
Holmes, chief of the Bureau of American 
Ethnology, inquiring what steps were being 
taken by that bureau with a view to putting 
the Interior Department in possession of in- 



10 

formation that would be helpful in carrying 
out the policy of the department relative to 
the southwestern ruins, I received the follow- 
ing communication: 

SMITHSONIAN INSTITUTION, 

BUREAU OF AMERICAN ETHNOLOGY, 

W^ASIIINGTON, D. C. 

November 19, 1904. 
My dear Mr. Hewett: 

I beg to acknowledge the receipt of your letter 
of the 16th instant, making inquiries regarding 
the steps now being taken by the Bureau of Ameri- 
can Ethnology in furnishing information to the 
Interior Department relative to the location, char- 
acter, and condition of the various historic and 
prehistoric ruins of the Southwest. 

In reply I have to say that much progress has 
been made in the preparation of maps and descrip- 
tive lists of the various archeological sites of the 
Pueblo region. The Bureau has been conducting 
explorations among these sites at frequent inter- 
vals ever since its foundation, and has published 
numerous reports and maps embodying the results 
of its researches. The preparation of a general 
archeological map has been in hand for several 
years, and the data amassed is laid down on the 
Geological Survey maps, upwards of 50 of the 
topographical sheets covering parts of Utah, 
Colorado, New Mexico and Arizona having been 
utilized in this manner. 

Accompanying the maps is a card catalogue of 
the sites, giving more or less complete data rela- 
tive to the ruins and other remains. Recently a 
demand for this class of information has arisen in 
the Interior Department, and in order to properly 
meet this demand the work has been taken up 
afresh and reliable information from all sources 
is being brought together. The data previously 
collected is now being transferred to the latest 
editions of the maps on which we are laying down 
all Indian Reserves, private land grants, and town- 
ship and section lines. Distixictive symbols are 
used for the various classes of remains, thus aid- 
ing in identification of particular sites; and the 
catalogue as recently remodeled, embodies a wide 
range of information, especially such as is likely 
to be of service to the Interior Department. The 



11 



work is rapidly covering all the public lands on 
which archeological remains of importance occur 
and progress maps will soon be submitted for 
publication. Copies of these will, if deemed ad- 
visable, be placed in the hands of land surveyors, 
Indian agents, custodians of reservations, teachers, 
and others employed in the region or having 
knowledge of its ancient ruins, in order that all 
possible additions may be made. 

It is expected that in a few years the record of 
our more important antiquities, already completed 
and published for the Mississippi Valley and the 
Gulf states, will be extended to cover the entire 
country. 

I am enclosing herewith samples of the catalogue 
cards recently introduced. They provide spaces 
for recording data as follows : State, county, town- 
ship, range, section, drainage; map (name of 
sheet), number of site, class or kind of remains, 
common or aboriginal name, where such exist, 
people, if known ; needs of protection, of custodian- 
ship and repair; availability for research; history 
and bibliography. 

The information thus gathered will be avail- 
able for use by the Interior Department at an 
early date, although the data with respect to 
many important sites will necessarily be imperfect. 
Very truly yours, 

W. H. Holmes, 
Mb. Edgab L. Hewett, Chief. 

U. (S'. National iluseum. 

Most archeologists will agree with Governor 
Richards that this subject calls for some ju- 
dicious legislation, but they will be especially 
gratified to know that, pending such enact- 
ment, an efficient and economical policy has 
been developed in the department of the in- 
terior which is being made operative as 
promptly as circumstances will permit. The 
main thing, a system of governmental protec- 
tion of archeological remains, is manifestly 
an accomplished fact, as much so, and after 
the same manner, as is the protection of tim- 
ber on public lands. It will be effective just 
so far as the commissioners of the general 
land office and of Indian affairs are furnished 



12 



with means adequate to carry the system into 
effect. It would now seem that all concerned 
can best serve the interests of science and of 
the public by upholding this wise policy. I 
would further suggest that all workers in the 
southwestern field should make it their duty 
to keep the department of the interior in- 
formed of violations of the above orders which 
come to their notice and that they should 
henceforth refuse to purchase for museums 
any specimens or collections that are not se- 
cured by parties duly authorized to collect the 
same by the secretary of the interior. A 
specimen not secured by legitimate authority 
and not accompanied by authentic record 
should have no place in a reputable museum. 

The bill proposed by Commissioner Rich- 
ards as a substitute for all the pending bills 
on the subject is embodied in his annual 
report for 1904 to the secretary of the interior 
which can doubtless be had by addressing 
him. I regard it as a sound measure which 
provides in a simple and direct way for the 
end to be accomplished, and which should pre- 
cede any further special enactments. 

Edgar L. Hewett. 

Las Vegas, New Mexico. 






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